|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-1362||9th Cir.||Jan 17, 2018||Apr 2, 2018||5-4||Thomas||OT 2017|
Holding: Because service advisors at car dealerships are “salesm[e]n . . . primarily engaged in . . . servicing automobiles,” 29 U. S. C. §213(b)(10)(A), they are exempt from the Fair Labor Standards Act’s overtime-pay requirement.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Thomas on April 2, 2018. Justice Ginsburg filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.
|Date||Proceedings and Orders |
|Mar 30 2017||Application (16A940) to extend the time to file a petition for a writ of certiorari from April 9, 2017 to May 10, 2017, submitted to Justice Kennedy.|
|Apr 03 2017||Application (16A940) granted by Justice Kennedy extending the time to file until May 10, 2017.|
|May 10 2017||Petition for a writ of certiorari filed. (Response due June 12, 2017)|
|May 19 2017||Order extending time to file response to petition to and including July 24, 2017.|
|Jun 12 2017||Brief amici curiae of National Automobile Dealers Association, et al. filed.|
|Jul 21 2017||Brief of respondents Hector Navarro, et al. in opposition filed.|
|Aug 09 2017||DISTRIBUTED for Conference of 9/25/2017.|
|Aug 09 2017||Reply of petitioner Encino Motorcars, LLC filed. (Distributed)|
|Sep 28 2017||Petition GRANTED.|
|Oct 26 2017||Blanket Consent filed by Petitioner, Encino Motorcars, LLC|
|Oct 26 2017||Blanket Consent filed by Respondents, Hector Navarro, et al.|
|Nov 01 2017||Joint appendix filed.|
|Nov 01 2017||Brief of petitioner Encino Motorcars, LLC filed.|
|Nov 08 2017||Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.|
|Nov 08 2017||Brief amici curiae of National Automobile Dealers Association and State Automobile Dealers Associations for Alaska, et al. filed.|
|Nov 08 2017||The time to file respondents' brief on the merits is extended to and including December 8, 2017.|
|Nov 17 2017||SET FOR ARGUMENT ON Wednesday, January 17, 2018|
|Nov 22 2017||CIRCULATED.|
|Dec 07 2017||Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)|
|Dec 07 2017||Brief amicus curiae of International Association of Machinists and Aerospace Workers, AFL-CIO filed. (Distributed)|
|Dec 08 2017||Brief amici curiae of Law Professors James Brudney, et al. filed. (Distributed)|
|Dec 08 2017||Brief of respondents Hector Navarro, et al. filed. (Distributed)|
|Dec 15 2017||Brief amici curiae of U.S. SENATORS PATTY MURRAY, SHERROD BROWN, AND JACK REED filed. (Distributed)|
|Dec 18 2017||Record requested from the U.S.C.A. 9th Circuit.|
|Dec 19 2017||The record for the U.S.C.A. is electronic and located on PACER.|
|Jan 08 2018||Reply of petitioner Encino Motorcars, LLC filed. (Distributed)|
|Jan 17 2018||Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondents: James A. Feldman, Philadelphia, Pa.|
|Apr 02 2018||Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Alito, and Gorsuch, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ. joined.|
|May 04 2018||JUDGMENT ISSUED.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050